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California recognizes three categories of crime, distinguishable by the gravity of offense and severity of punishment: Felonies, Misdemeanors, and Infractions. [2] Regardless of category or specific offense, all valid crimes are required to have two elements: 1) an act committed or omitted In California, and 2) an articulated punishment as ...
Many of California's larger superior courts have specialized divisions for different types of cases like criminal, civil, traffic, small claims, probate, family, juvenile, and complex litigation, but these divisions are simply administrative assignments that can be rearranged at the discretion of each superior court's presiding judge in ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into the millions of dollars, it would be uncomfortable to subject citizens ...
Strangely, although there is a Code of Civil Procedure, there was never a Code of Criminal Procedure; California's law of criminal procedure is codified in Part 2 of the Penal Code. The newest code is the Family Code, which was split off from the Civil Code in 1994.
In California, criminal defendants have the right to appeal both felony [29] and misdemeanor [30] convictions. If the defendant is convicted of a misdemeanor, they have the right to be released on bail pending the outcome of their appeal. Misdemeanor appeals are heard by the Appellate Division of the California Superior Court.
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.